07-01-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 01, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Samuel Martinez
Christian Faith Center
PLEDGE OF ALLEGIANCE Mayor Herfert
ROLL CALL Mayor Herfert, Mayor Pro Tern Sykes
Councilmembers Spence (arrived 7:16 p.m.) Toma
Absent Councilmember Warshaw
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council/Community Development Commission/Parking Authority
and Successor Agency agendas were announced for inclusion in
the closed session discussion with all members present except
Councilmembers/Commissioners/Board Members Spence and
Warshaw.
Items on the City Council/Community Development
Commission/Parking Authority agenda:
Conference with Labor Negotiators - City Negotiators:
Chung, McKay — Confidential Employees, Maintenance & Crafts
Employees, Non -Sworn Safety Support Employees, W. C. Police
Management Association, W. C. Firefighters' Association, I.A.F.F.,
Local 3226, General Employees, Mid -Management Employees,
W. C. Police Officers Association, W. C. Firefighters' Management
Association — City Council received a briefing from the City's
negotiators with no action taken and nothing further to report.
The following matters on the City Council/Community
Development Commission/Parking Authority were not heard and
will be held over to the next meeting of the City Council.
Conference with Council — Public Employment — City
Attorney
Conference with Legal Counsel — Existing Litigation — City
of West Covina v. Hassen Imports Partnership, et al.; Los Angeles
Superior Court Case No. KC048157; In re Hassen Imports
Partnership, Debtor, United States Bankruptcy Court Case No.
2:11-bk-42068-ER; In re Hassen Imports Partnership, Debtor,
United States District Court Case No. 2:13-cv-07532-CAS
Conference with Legal Counsel — Existing Litigation - Case
Number: BC519400 — State of California v. City of West Covina,
Successor Agency to the West Covina Redevelopment Agency,
West Covina Community Development Agency; Case Number: BC
519545 — State of California v. City of West Covina, Successor
Agency to the West Covina Redevelopment Agency, West Covina
Community Development Commission; Case Number: BC519543
— State of California v. City of West Covina, Successor Agency to
the West Covina Redevelopment Agency, the West Covina Parking
Authority; Case Number: BC519546 — State of California v. City
of West Covina, Successor Agency to the West Covina
Redevelopment Agency; Case BC516022 — State of California v.
City of West Covina, Successor Agency to the West Covina
Redevelopment Agency
City Council Minutes of July 01, 2014
Items on the Successor Agency to the West Covina
Redevelopment Agency agenda:
The following matters on the Successor Agency agenda
were not discussed due to the lack of full agency board.
Conference with Legal Counsel — Existing Litigation — City
of West Covina v. Hassen Imports Partnership, et al.; Los Angeles
Superior Court Case No. KC048157; In re Hassen Imports
Partnership, Debtor, United States Bankruptcy Court Case No.
2:11-bk-42068-ER; In re Hassen Imports Partnership, Debtor,
United States District Court Case No. 2:13-cv-07532-CAS —
Conference with Legal Counsel — Existing Litigation - Case
Number: BC519400 — State of California v. City of West Covina,
Successor Agency to the West Covina Redevelopment Agency,
West Covina Community Development Agency; Case Number: BC
519545 — State of California v. City of West Covina, Successor
Agency to the West Covina Redevelopment Agency, West Covina
Community Development Commission; Case Number: BC519543
— State of California v. City of West Covina, Successor Agency to
the West Covina Redevelopment Agency, the West Covina Parking
Authority; Case Number: BC519546 — State of California v. City
of West Covina, Successor Agency to the West Covina
Redevelopment Agency; Case BC516022 — State of California v.
City of West Covina, Successor Agency to the West Covina
Redevelopment Agency
CHANGES TO THE AGENDA City Manager Chung stated that Item #4 General Plan Amendment
No. 13-04; East Hills Master Plan Revision No. 13; Zone Change
No. 13-04; Mitigated Negative Declaration of Environmental
Impact; Applicant: Brandywine Homes and the Irvine Asset
Group (Brett Whitehead) is being requested by staff to move to the
next Council meeting to provide Councilmember Spence with the
video for his review prior to participating in the discussion.
Councilmember Warshaw, due to his absence, requested Item #9
Appointment of Community and Senior Services Commissioner and
#11 Ambulance Subscription Program be held over to the July 15,
2014 Agenda.
Motion Motion by Sykes and seconded by Toma to hold Item Nos. 4, 9,
and 11 to the next meeting.
Motion carried by 3 — 0.
PRESENTATIONS Mayor Herfert called forward Glenn Kennedy, Director, and Gary
Gerlach, manager of the West Covina American Little League
Major Dodgers, to recognize the Dodgers and the Champions of
the District 19 of the City Major Tournament.
Councilmember Spence arrived at 7:16 p.m. and took his place at the dais.
ORAL COMMUNICATIONS
Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, spoke in opposition to the
Fire Dept. leaving the City and addressed the ambulance
subscription program.
Lola Finley Lola Finley, West Covina resident, spoke in opposition to the Fire
Dept. leaving the City and possibly going County.
Iris Delameter Iris Delameter, West Covina resident, is opposed to the Fire Dept.
leaving the City and spoke on an unfavorable personal incident
with Fire County Services.
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City Council Minutes of July 01, 2014
Colleen Rozatti Colleen Rozatti, West Covina resident, president of the West
Covina Beautiful, addressed the recent activity of West Covina
Beautiful on April 26 during Arbor Day honoring former Mayor
Nancy Manners, thanked staff for their assistance and distributed
certificates of recognition to Barbara Briley, the City of West
Covina and West Coast Arborist; commended the City Finance
Dept. for their success in the long term investments made during
1985 and 1986 and thanked the current Finance Director Nita
McKay and staff for their work on the Budget.
Wen Wen Zang Wen Wen Zang, West Covina Library manager, announced
upcoming library events.
Royall Brown Royall Brown, West Covina resident, stated he would address Item
#4 which has been held over to the next Council meeting.
Herb Redholtz Herb Redholtz, West Covina resident, thanked Council for holding
over the Commission Appointment to the July 15, 2014 meeting;
inquired into the election signs still in the community from the
June election; spoke in opposition to the City going to County fire
services.
Elsie Messman Elsie Messman, West Covina resident, addressed litigation costs
and attorney fees.
Phil Kaufman Phil Kaufman, West Covina residents, addressed the passing of
Rabbi Natif.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed his visit to Clara
Baldwin Stocker Home and Alzheimer's disease and requested that
the 10 warning signs of Alzheimer's disease be posted in Discover
WC.
John Shewmaker John Shewmaker, West Covina resident, addressed the benefits of
the Feasibility Study for County Fire services but stated that the
residents not pay for the study since they are not initiating this
study; addressed litigation costs.
Clayton Arick Clayton Arick, State Senator Ed Hernandez' field representative,
introduced himself and offered to meet with Councilmembers and
offer assistance where possible.
Bill Robinson Bill Robinson, West Covina resident, addressed the County Fire
Services and spoke in opposition to transferring services to the
County; spoke in support of Royall Brown being appointed to the
Community and Senior Services Commission.
Eugene Robinson Eugene Robinson, West Covina resident, spoke in opposition to
West Covina Fire services being transferred to County.
Council addressed speakers' comments
CONSENT CALENDAR Councilmember Spence requested that Item #3-Ordinance for
Adoption, Code Amendment No. 14-02, Accessory Living Quarters,
General Exemption; Item #5-Renewal of Los Angeles Care and
Control Services Agreement, and Item #8-Implementation of Low
Impact Development Ordinance in Accordance with the Los
Angeles Municipal Stormwater Permit be removed from the
Consent Calendar for separate consideration.
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City Council Minutes of July 01, 2014
Approval of Meeting Minutes (receive & file)
1) Minutes Special City Council Meeting Minutes of April 15, 2014
Regular City Council Meeting Minutes of April 15, 2014
2) Commission Summary of Actions (receive & rile)
Commission Summary of Actions Planning Commission — June 24, 2014
This item was pulled from the Consent Calendar for separate
consideration.
Ordinances for Adoption
3) Code Amendment No. 14-02
Accessary Living Quarters Accessory Living Quarters
General Exemption
Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2260 ORDINANCE NO. 2260 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO ACCESSORY
LIVING QUARTERS (PREVIOUSLY KNOWN AS GUEST
HOUSES)
The following item was pulled off the Consent Calendar under
Changes to the Agenda and by Council vote to hold over to the
next meeting of the City Council
General Plan Amendment No. 13-04
East Hills Master Plan Revision No. 13
Zone Change No. 13-04
Mitigated Negative Declaration of Environmental Impact
Applicant: Brandywine Homes and the Irvine Asset Group
(Brett Whitehead)
4) Location: 3228, 3238 and 3244 Holt Avenue
Holt Avenue Development Recommendation is that the City Council adopt the following
ordinance:
ORDINANCE NO. - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING ZONE CHANGE NO. 13-04
This item was pulled from the Consent Calendar for separate
consideration.
Community Services Department
5) Renewal of Los Angeles County Animal Care and Control
Animal Care Agreement Services Agreement
Recommendation is that the City Council:
1. Authorize the Mayor to execute the five-year service
agreement renewal, expiring on June 30, 2019, with the Los
Angeles County Department of Animal Care and Control; and
2. Instruct City staff to include the pas through of the animal
license processing fee onto pet owners into the City's annual
Fee & Charge schedule for Fiscal Year 2014-2015.
Public Works
6) West Covina Landscape Maintenance District No. 1
Landscape MD No. 1 Setting of 2014-2015 Assessment Rate
Recommendation is that the City Council adopt the following
resolution, which provides for the assessment rates to be
maintained at their current rate of 11.88 cents per 100 dollars of
assessed valuation.
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City Council Minutes of July 01, 2014
Resolution No. 2014-32 RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SETTING THE ASSESSMENT FOR THE WEST
COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1
AND FIXING THE TAX RATE FOR SAID MAINTENANCE
DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,
2014
7) West Covina Landscape Maintenance District No. 2
Landscape MD No. 2 Setting of 2014-2015 Assessment Rate
Recommendation is that the City Council adopt the following
resolution, which provides for the assessment rates to be
maintained at their current rate of 6.43 cents per 100 dollars of
assessed valuation.
Resolution No. 2014-33 RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, SETTING THE ASSESSMENT FOR THE WEST
COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2
AND FIXING THE TAX RATE FOR SAID MAINTENANCE
DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,
2014
This item was pulled from the Consent Calendar for separate
consideration.
Implementation of Low Impact Development Ordinance in
g) Accordance with the Los Angeles County Municipal Stormwater
Impact Development Ordinance Permit
Recommendation is that the City Council introduce the following
ordinance amending Chapter 9, Article II of the West Covina
Municipal Code, governing Stormwater and Urban Run -Off
Pollution Control.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 9-36
OF ARTICLE II OF CHAPTER 9 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO STORMWATER AND
URBAN RUN-OFF POLLUTION CONTROL
CONSENT CALENDAR ACTION Motion by Toma and seconded by Spence to approve all items
listed on the Consent Calendar as presented except Item No. 3 —
Code Amendment No. 14-02, Accessory Living Quarters, General
Exemption; Item No. 5 — Renewal of Los Angeles County Animal
Care and Control Service Agreement; and Item No. 8 —
Implementation of Low Impact Development Ordinance in
Accordance with the Los Angeles County Municipal Stormwater
Permit. [Items 4, 9 and I 1 moved to next meeting by council vote
under `Changes to the Agenda]
Motion carried 4 — 0 by the following Roll Call Vote:
AYES: Spence, Sykes, Toma, Herfert
ABSENT: Warshaw
Item 3 Code Amendment No. 14-02, Accessory Living Quarters, General
Exemption
Councilmember Spence explained that he would not be voting in
favor of this code amendment pointing to the restrictions to guest
homes on private property. He feels the privacy issue expressed by
other homeowners could be better dealt with through other means
other than a broad -based ban. He also pointed to the lack of
complaints of the 900 existing guest homes and felt there weren't
grounds for the restriction.
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City Council Minutes of July 01, 2014
Motion Motion by Toma and seconded by Sykes to adopt the following
ordinance:
Ordinance No. 2260 ORDINANCE NO. 2260 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTE4R 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO ACCESSORY
LIVING QUARTERS (PREVIOUSLY KNOWN AS GUEST
HOUSES)
Motion carried 3 — 1 (Spence - No) by the following Roll
Call vote:
AYES: Sykes, Toma, Herfert
NOES: Spence
ABSENT: Warshaw
Item S Renewal of Los Angeles County Animal Care and Control
Service Agreement
Councilmember Spence hesitated to approve a five-year renewal of
the contract and argued that the 7% request for an increase and the
40% estimated jump between 2013/14 to 2014/15 needed to be
justified. He wanted to know how the County determined that
West Covina rates should be increased.
Deputy City Manager Chris Freeland briefly itemized the
costs that the County passes on including employee liability and
pension costs drew attention to Attachment No. 2 of the report for
services and fees. He also reported on the survey and study done
in 2010 by staff of services by other providers.
Councilmember Spence inquired further of costs in other
cities.
Mayor Herfert asked about the timing of the contract and
whether they would continue providing services after the contract
expired if the City chose to look at other options. Assistant City
Clerk Rush provided information on an RFP conducted by the City
of Alhambra for services from the San Gabriel Valley Humane
Society and the Pasadena Humane Society and results were that of
a significant increase.
Councilmember Toma felt there was no immediate
alternative and mentioned the 60-day termination that could be
used if the city sought to seek other options.
Motion Motion by Toma and seconded by Sykes to approve staff s
recommendation to:
1. Authorize the Mayor to execute the five-year service
agreement renewal, expiring on June 30, 2019, with the Los
Angeles County Department of Animal Care and Control; and
2. Instruct City staff to include the pass through of the animal
license processing fee onto pet owners into the City's annual
Fee & Charge schedule for Fiscal Year 2014-2015.
Motion carried 3 — 1 (Spence - No) by the following Roll
Call vote:
AYES: Sykes, Toma, Herfert
NOES: Spence
ABSENT: Warshaw
Item 8 Implementation of Low Impact Development Ordinance in
Accordance with the Los Angeles County Municipal Stormwater
Permit
Councilmember Spence expressed a concern of the ordinance
requirements and the effects on the city.
Public Works Director/City Engineer Shannon Yauchzee
provided a brief report explaining that the focus will be on
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City Council Minutes of July 01, 2014
complying with the Clean Water Permit for new developments.
The requirement is to assure a proper method of filtration for run-
off water from new development/construction and is something
that is not new and has been something that developers have been
accustomed to be required to do.
Motion Motion by Sykes and seconded by Toma to introduce the following
ordinance amending Chapter 9, Article II of the West Covina
Municipal Code, governing Stormwater and Urban Run-off
Pollution Control:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 9-36
OF ARTICLE 11 OF CHAPTER 9 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO STORMWATER AND
URBAN RUN-OFF POLLUTION CONTROL
Motion carried 3 — 1 (Spence — No) by the following Roll
Call vote:
AYES: Sykes, Toma, Herfert
NOES: Spence
ABSENT: Warshaw
DEPARTMENTAL REGULAR MATTERS
The following item was pulled off under Changes to the Agenda
and by Council vote to hold over to the next meeting of the City
Council
9) City Clerk's Office
Community/Senior Commissioner Appointment of Community and Senior Services Commissioner
It is recommended that the City Council adopt the following
resolution appointing an individual to the Community and Senior
Services Commission to serve the remaining three-year term that
expires on March 31, 2016.
RESOLUTION NO. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPOINTING TO THE WEST
COVINA COMMUNITY AND SENIOR SERVICES
COMMISSION
City Manager's Office
10) Designation of Voting Delegate for League of California Cities
League Delegate 2014 Annual Conference & Expo
Mayor Herfert announced the matter and called for nominations.
Mayor Herfert nominated Councilmember Toma to
represent the City as the Voting Delegate for League of California
Cities 2014 Annual Conference & Expo.
Motion Motion by Herfert and seconded by Sykes to nominate
Councilmember Toma as the Voting Delegate for League of
California Cities 2014 Annual Conference & Expo.
Motion carried 4 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Herfert
ABSENT: Warshaw
The following item was pulled off the Consent Calendar under
Changes to the Agenda and by ' Council vote to hold over to the
next meeting of the City Council
11) Fire Department
Ambulance Subscription Program Ambulance Subscription Program
By Council vote under Changes to the Agenda, this item was held
over to the next Council meeting on July 15, 2014.
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City Council Minutes of July 01, 2014
12) Feasibility Study for Los Angeles County Fire Protection and
L.A. County Fires Services Paramedic Service for the City of West Covina
Acting Fire Chief Bart Brewer introduced Deputy Chief David
Richardson and Division Chief Debbie Aguire to answer any
questions on behalf of Los Angeles County following his report.
Acting Fire Chief Brewer stated the purpose of this report
is to clarify and outline the Feasibility Study and to determine if
the City wants to move on to a comprehensive survey, which is not
an agreement. He provided a background of the request for the
feasibility study, details of the study and staffing comparisons
between the County proposed models and City models and costs.
He provided detailed steps to move forward with a
comprehensive study, the County's proposed level of service, the
current City SAFER Grant, retention of the City's Ambulance
Program and benefits/negatives of contracting with the County.
Councilmember Spence expressed concerns with the
reimbursement agreement and need for the vote of the residents.
Councilmember Toma stated concern with conversion costs
and response times.
David Richards, Regional Deputy Chief of the San Gabriel
Valley responded to questions regarding the conversion costs,
response times and staffing models.
City Manager Chung asked if the reimbursement agreement
is negotiable.
Discussion ensued regarding paramedic squads within the
staffing models.
Mayor Pro Tern Sykes requested clarification regarding
PERS costs and Councilmember Toma questioned the savings
being proposed as not evident.
Councilmember Toma and Mayor Herfert agreed that the
cost savings are not evident to move forward. Toma subsequently
noted the options and made a motion.
Motion Motion by Toma and seconded by Sykes to approve Option #2
outlined in the staff report as follows:
Proceed with the Comprehensive Survey only if paid for by the
West Covina Fire Association. This option would only be
available if allowed by the Fire District and agreed to by the West
Covina Firefighters' Association, IAFF Local 3226.
Amendment to Motion Councilmember Spence requested an amendment to the motion to
ensure that it contain no commitment to contract with the County
of L.A. and that it is only for the purpose of gathering further
information only. Toma and Sykes accepted the amendment to the
motion.
Motion carried 3 — 1 (Herfert — No) by the following Roll
Call vote:
AYES: Spence, Sykes, Toma
NOES: Herfert
ABSENT: Warshaw
COUNCILMEMBER COMMENTS
Councilmember Spence reported on a recognition dinner for
legislators and staff that he attended in Sacramento and the LA
Works Board meeting and reported on the challenges the agency
faces.
Mayor Herfert announced the July 4th event at Edgewood Middle
School, the Hurst Ranch Pancake breakfast fundraiser for
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City Council Minutes of July 01, 2014
Muscular Dystrophy and the fireworks displays for the Fourth of
July.
ADJOURNMENT Motion by Herfert and seconded by Sykes to adjourn the meeting
at 9:11 p.m. in memory of Rabbi Natif who passed away recently.
Motion carried 4 — 0.
Submitted Eby:
,rk Susan Rush
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